Just and Legal EXCEPTIONS Against the late ACT. FOR Preventing Multiplicity of Buildings Erected within the Suburbs of the City of LONDON, and ten miles thereof, since March 1620.  
THat this Act was made, and passed without summoning of the persons concerned in it, to hear their just exceptions against its passing, contrary to the Rules of Justice, and proceedings of ancient Parliaments, as will appear by Clauses 28 Eliz. 3. Doss. and other Records.  
That the Title and real scope of this Act, is directly contrary to the Letter and Pretences in it, being onely to countenance, licence, and increase the multiplicity of new buildings within the Precincts aforesaid, to raise a present sum of money thereby, under a pretext of restraining and reforming them according to Law and Justice.  
That the Prologue of this Act declares the excessive number of Buildings, Out-houses, and Cottages, erected and new built within the suburbs of London, and ten miles thereof, since March 1620. to be very mischievous and inconvenient, and a great Annoyance and Nuzance to the Common-wealth, and that by the Law the said Houses and Nuzances ought to be abated, and their Builders, Occupiers, and Tenants ought to make fines for the same, which if true, then the Parliament in justice ought not to continue and ratify them to the public prejudice only for a present fine, and any future Parliament may abate them and fine their owners, occupiers and tenants notwithstanding these present fines; and this Act which cannot make them in Law to be no Nuzance, since it oft resolves and declares them such, nor restrains succeeding times from punishing them as Nuzances, if they be really such in point of Law.  
That these buidings in truth are no Nuzances at all by the common Law of England, for ought appears by any Records or Law Books; but the Laws, as appears by the Book-Cases, cited in the margin, reputes it an 
(a) M. 17 H 3 Fitz. Dower 192. brook Dower 18. Perkins Instit. 328. 29.  improvement and benefit to the Common-Wealth, to erect houses where needful for habitation or trade, through the increase of People; And 
(b) Cookes Instit. Fol 5. 3, Staham Fitz. ●rooke ash. Titles waste. Was it ever thought, that there could be laid four Acres of land to every house to be built in Buroughs market Towns, or to every house on the side of a navigable River built for the use of those that are not Husbandmen, no● hath skill therein.  waste and destruction to abate or suffer them to decay when built, for which treble damages and the soil are forfeited by sundry Acts of Parliament ( viz.) 52. H. 2. Cap. 23. 7. H. 8. Cap. 1. 32. H. 8. Cap. 18. 19. Which last Acts encourage buildings in or near the precincts of cities and Market Towns, and declare their decay to be a great Nuzance, prejudice, and impoverishment to them; neither is there any ancient Law or Statute that prohibits the erection of Houses or Cottages either in or out of cities, before the Statute of the 31. Eliz Cap. 7. against Cottages,( which was introductive of a new, not declarative of an old Law) extending only to Cottages and mean houses, for the habitation of mean and poor people; not fair and beautiful houses of good value, for noble men, Gentlemen, Merchants, and tradesman of quality, were intended within that Act; therefore being no Nuzances at the Common Law, nor Cottages within the words or intent of the 31. Eliz. Cap. 7. it is conceived unjust to declare them Nuzances, and to impose such fines upon the owners and tenants of them by this new Act.  
That the building and enlarging of cities, and their Suburbs, and of houses in them is reputed an honour, blessing, beneficial by God himself and sacred Scriptures; 2 Sam. 5. 9. D●ut. 8. 12. 1 Chron. 15. 1. Isa. 65. 21. Chap. 44. 26. 28. 1 Kings 15. 22. 23. 2 Chron ▪ 8. 2. Chap. 14. 67. Chap.. 17. 12. Chap. 26. 6. Cahp. 27. 4.  
Therefore it can be no nuisance nor grievance in Law.  
The first inhibition against new buildings within the City and Suburbs of London, and against buildings with Timber was only by King James proclamation, by reason of the 
A. 33.  great plagues in the beginning of his reign, in and about London,( to wit) by his Proclamations of the 16. April. Anno 1. 1. March. Anno. 2. 22. of October Anno 5. and the 25. of july, 6. jacob, not by any Act of Parliament; which proclamations extend only to new buildings within one or two miles, and the largest of them only to three miles from the Gates of London, and no further ▪ and to buidlings as well within the City, as without it in the Suburbs; and buildings which were not within that distance of two or three miles at the most from the Gates of London, were quiter out of all his Proclamations; and if illegal or Nuzances were pardonned by the general pardons which he granted in the Parliament of the 3. jacobi Cap. 27. 7. jacobi Cap. 22. & 21. jacobi Cap. 34. And the raising of moneys within those proclamations by King james though in moderate proportions, and for the most part for the poor of the Parishes wherein they were built, not for his own treasury, was murmured at and complained of as grievance: Therefore the extending of this new Act to raise moneys seven miles beyond any of his proclamations, to all new buildings within ten miles of London, without any former Act of Parliament that restrained them, must necessary be imputed a greater grievance, and oppression of the subjects by this new Act, then any of his proclamations and proseedings upon them by his Commissioners, and a dangerous president to posterity.  
This Act hath a retorspect to all new buildings within the Suburbs and ten miles of London, erected since the 25. of March, 1620. till the passing of the Act 1656. comprising full 36. years, taking in part of King James his reign, all King charles his time, and two or three revolutions of Government since ▪ Now some of these new Buildings three miles distant from London, are within the general pardon of 21 jac Cap. 34. and other Pardons since; others of them( within three miles) paid Fines and Compositions to King james and King Charles; others of them have been long since sold, and made over for full and valuable considerations, by their first Builders, and their assigns, to the present owners & occupiers, who are faultless, and have no remedy at all to recover the fines they now pay for them,( in law or equity) against the first Builders, their Heirs, Executors, or Administrators; and yet by this Act they must be forced to pay a full years Rack-Rent for a Fine,( without any abatement) and are put in the selfsame condition with those owners building on new Foundations within one year or month before this Act, and punished as far forth as they,( without any distinction) which they humbly conceive to be very unjust, unreasonable, and illegal; this very new Act exempting those purchaser who have bought any Houses( built within this precinct of time) from the State, from any Fine at all; therefore by the self-same Equity, they ought to exempt all other purchaser upon valuable considerations from others, who built them many years past, from any Fines, as well as they.  
The Statutes of 7 H. 8. Cap. 3. 31 Eliz. Cap. 5. and 21 Jac. Cap. 4. Specially enact and provide for the ease of the Subjects, That all Indictments, Informations, and Actions popular, upon penal Laws, by svit, Bill, or Information, shall be prosecued by the King and his Officers within two years space, and by Informers within one year next after the offences or forfeitures had, made or committed against any Act or Acts, Statute, or Statutes penal, and not after the said two yeares, or one year; Which Statutes we humbly conceive to extend to all New Buildings,( admit them within the Statute of 31 Eliz. cap. 7.) erected above two years before this late Act. 1656. and that by the Resolution of this Act itself, which provides, That no Action shall be brought against any person for any offence against it, unless it be within one year after the offence committed; and that by the provision of all these Statutes still in force, we ought not to be indicted, informed against, or put to fines for any new Buildings erected before the year 1654. much lefs before 1640. or King Charles his death, who should have had the Fines and Penalties, if indicted, informed, o● prosecuted within two years of their first erection, according to these Acts.  
This new Act extends the Statute of 31 Eliz. Chap. 7. which is against Cottages onely, to fair dwelling-Houses, which are no Cottages, within the words or meaning of it; and to Houses and Cottages within the suburbs of London, Westminster, and Southwark, which are ancient Cities and Burroughs; and to Houses and Cottages near the Thames, for men of Manual Occupation, for the making, furnishing, and victualling of Ships and other Vessels used at sea, which are by express words excepted out of it; and therefore no Fines or Penalties ought to be imposed for any such Houses by this new( or any ancienter) Act.  
This Act impowereth the Protector to nominate and appoint all Commissioners & other Officers who are to execute it, and impose the Fines & Penalties inflicted on the owners & occupiers of new Buildings, Out of every pound whereof, the Commissioners( who impose them) are to receive 3 d. in the pound for their salary and pains, and all other Officers their proportions, who being thus made Judges and Jurors in their own Cases, against all Rules of Law and Justice, increase and exact what unreasonable Fines they please, without reason, against which there is no appeal nor remedy provided for any who are injured, which is a most sad and heavy Grievance.  
This Act authorizeth many particular persons within the Suburbs and ten miles off London, to build Houses for some years yet to come,( paying one years full Rent and Value of them for a Fine, yet restrains all others from future building upon the like terms, undergrievous penalties, which partiality we humbly conceive to be both illegal and injurious.  
This Act extends not at all to any new buildings erected, or to be erected within the City of London itself, nor to any such buildings set up within, or near any Cities, Towns, or places through England, as York, Lincoln, Plymouth, Bristol; Exeter, &c. where many such Buildings have of late years been erected; but onely to Buildings within the Suburbs of London, and ten miles thereof: Now that all Owners of Lands, and Builders, Occupiers and Tenants of new built Houses within this Precinct alone, should be thus restrained, deprived of that common Hereditary Birth-right, Liberty, Franchise, privilege, advantage of improving their Lands and Estates by new buildings within these limits, which all other their fellow-subjects and Free-men, both within London itself, and all other Corporations, places, and Counties of England, Wales, Scotland, and Ireland, freely enjoy, without any restriction, fines, or penalties, and should be subject to so heavy, excessive Fines, Penalties, Prosecutions, Distresses, Imprisonments, especially as this Act imposeth on them, against the Common-Law, Great Charter, and common privilege of all English Free-men, having neither forfeited these their birthrights by any Delinquency, and contributing equally with all others, to all public Charges, Taxes; and suffering as much as any by the late Wars, and contributing as largely as any others, to the public defence, in late times of greatest danger,( answerable to their Estates;) and why they, and they alone should be thus grieved & oppressed, & made examples to posterity by this new Act,( to the ruin of many Widows, Orphans, and others) they can yet discern neither law, conscience, reason, or Justice: & therefore humbly pray both a speedy & plenary relief against 
Let the world take notice of your Power and Justice.  it, and restitution of the Fines already extorted from them, and remission of those which are yet unsatisfied.   

31 Eliz. Chap. the 7th.  
FOr the avoiding of the great inconveniences which are found by experience to grow by the erecting and building of great number and multitude of Cottages, which are daily more 
There is no other Statute in force against Building, but onely this of the 31 of Eliz. 62. 7. until this new Act in 1656,  and more increased in many parts of this realm: Be it enacted by the Queens most excellent Majesty, & the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled, and by the Authority of the same, That after the end of this Sessions of Parliament, no person shall within the Realm of England, make, build, or erect, or cause to be made, builded, or erected, any manner of Cottage for habitation or dwelling, nor convert or ordain any building or housing, made, or hereafter to be made, to be used as a Cottage for habitation or dwelling, unless the same person do assign and lay to the same Cottage or Building, four Acrres of ground at the least, to be accounted according to the Statute or Ordinance de terris mesurandis, being his or her own free hold and inheritance, lying near to the said Cottage, to be continually occupied and manured therewith, so long as the same Cottage shall be inhabited, upon pain that every such offendor shall forfeit to our sovereign Lady the Quéens Majesty, her heir & successors, x. li. of lawful money of England, for every such offence.  
And be it further enacted by the Authority aforesaid, That every person which after the end of this Session of Parliament, shall willingly uphold, maintain, and continue any such Cottage hereafter to be erected, converted, or ordained for habitation or dwelling, whereunto sour acres of ground( as is aforesaid) shall not be assigned & laid to be used & occupied with the same, shall forfeit to our said sovereign Lady the Queens Majesty, her heirs & successors, 40. s. for every month that any such Cottage shal be by him or them upholden, maintained & continued. 
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Provided also, & be it enacted, that from, & after the Feast of All-saints next comnig, there shall not be any Inmate, or more families or housholds then one, dwelling or inhabiting in any one Cottage, made, or to be made or erected, upon pain th● every owner or occupier of any such Cottage, placing, or willingly suffering any such Inmate, or other family then one, shall forfeit & lose to the Lord of the Leet, within which such Cottage shall be, the sum of ten shillings of lawful money of England for every month that any such Inmate, or other family then one that shall dwell or inhabit in any one Cottage as aforesaid. And the all & every Lord and Lords of Leet & Leets, & their Stewards within the precinct of his & their Leet & Leecs, shall have full power & authority within their several Léetes, to inquire & to take presentment by the oath of jurors, of all & every offence & offences in this behalf; & upon such presentment had or made, to levy by distress to the use of the Lord of th● Léet, all such sums of money as so shall be forfeited: And moreover, that it shall be lawful for the Lord of every such Leet where such presentment shall be made, to recover to his own use any such forfeiture by action of debt in any of the Quéens Majesties Courts of Record, wherein no essoin, protection, or wager of law shall be allowed.  
And be it further enacted by the Authority atoresaid, That all Iustices of assizes, and Iustices of Peace in all their open sessions, and every Lord within the precinct of his Leete, and none others, shall have full power and authority within their several limits and jurisdictions, to inquire of, hear & determine all offences contrary to this present Act, as well by Indictment as otherwise by presentment or information, and to award execution for the levying of the several forfeitures aforesaid, by Fieri facias, Elegit, Capias, or otherwise as the cause shall require.  
Provided always, that this Statute or any thing therein 
☞ Note the Iustice of this new Act, London is excepted, but Westminster, Southwark, Brainford, Croyden, Bramly, Barking, Cities, Boroughs, and Market-towns within ten miles of London, they must pay.  contained, shall not in any wise be extended to any Cottage which shall be erected to, or for habitation or dwelling in any City, Town corporate, or ancient Borough, or Market Town within this Realm, nor to any Cottages or buildings which shall be erected, or converted to, and for the necessary & convenient habitation or dwelling of any workmen, or labourers in any mineral works, cole-mines, quarries, or delfes of ston, or state, or in or about the making of brick, tile, lime, or coals within this realm: So as the same Cottages or buildings be not above one mile dis●ant from the place of the same Mineral or other works, & shall be used onely for the habitation & dwelling of the said workman, nor shall in any sort prejudice, charge or impeach any person or persons, for the erecting, maintaining, or continu●ng of any such Cottages as are before in this proviso mentioned and specified,  
Provided always that this Act shall not extend to any Cottage 
☞  to be made within a mile of the Sea, or upon the side of such part of any Navigable River where the admiral ought to have jurisdiction, so long as no other person shall therein inhabit, but a sailor or man of manual occupation, to or for making, furnishing, or victualling of any ship or vessel, used to serve on the Sea, nor to any Cottage to be made in any forest, Chase, Warren or Park, so long as no other person shall therein inhabit, but an Vnderkéeper or Warrener, for the good keeping of the dear, or other game of Warren, nor to any Cottage heretofore made, so long as no other person shall therein inhabit, but a common herdman, or Shepherd, for keeping the cattle or sheep of the Town, or a poor, lame, sick, aged, or impotent person, nor to any Cottage to be made, which for any just respect upon complaint to the Iustice of assize at the Assizes, or to the Iustices of Peace at the quarter Sessions; shall by their order entered in open Assizes or quarter Sessions, be decreed to continue for habitation, for, and during so long time onely, as by such decree shall be tolerated and limited.  
FINIS.